How Will Constitutional Democracy Appear in a Bigger, More Crowded, Interconnected World?

This paper analyzes the impact of constitutionally exogenous developments driven by science and technology on the relationship between citizens and government and discusses whether scholars must rearticulate or modernize their conceptions of individual rights, collective action, and the role government must play as referee among increasingly powerful, potentially anonymous private actors. Constitutionally exogenous factors such as technological development, climate change, demographic change, wealth creation and increasing economic inequality, and the COVID pandemic all have led to clashes among rights-bearing individuals whose exercise of liberty has an amplified impact on the well-being of others. As a result, governments must play a more powerful role in refereeing such clashes. This poses a challenge: how to empower the government without risking a shift to authoritarianism?